Commons Sense

House of Commons · Ministers' Questions

Illegal Migration Bill: Access to Justice

Tuesday 16 May 2023 · 4 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 0 Partly answered 2 Not answered 0

Key points

  • Chris Stephens asked about recent discussions on the Illegal Migration Bill's impact on access to justice.
  • Patrick Grady questioned why the Government is blocking judicial review opportunities in the Bill.
  • Stuart McDonald inquired why the Justice Secretary is defending the Home Secretary instead of upholding the rule of law regarding international rights conventions.

Topics (select to filter)

Questions & Answers

Q1 Chris Stephens SNP
Asylum & Refugees Migrants & Borders Justice & Courts
Context

The question concerns discussions about the potential impact of the Illegal Migration Bill on individuals' ability to seek legal recourse and receive fair treatment in the asylum system.

Question

What recent discussions have been had with Cabinet colleagues on the potential impact of the Illegal Migration Bill on access to justice, considering its effects on people-smuggling gangs, channel crossings, and fairness in the asylum system?

Answer from Alex Chalk

The Illegal Migration Bill aims to deter illegal migration by breaking the business model of people-smuggling gangs, deterring dangerous crossings, and ensuring fairness in the asylum system. The answerer states they are working closely with colleagues on its implementation.

Partly answered

Not addressed: Discussion about specific impact on access to justice was not provided

How: Changing Subject

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Q2 Patrick Grady SNP
Migrants & Borders Justice & Courts Standards & Ethics
Context

The question arises from concerns over the restrictions placed on judicial reviews by the Illegal Migration Bill, questioning whether these limitations indicate a lack of confidence in the bill's legality.

Question

Why is the Government blocking opportunities for judicial review in the Illegal Migration Bill? Does this not reflect uncertainty about its actual legality?

Answer from Alex Chalk

Access to justice remains a priority. The Bill ensures proper appeal opportunities, and criticisms from SNP on jury trials are highlighted as inconsistent. The answerer questions why Patrick Grady is keen on getting rid of juries.

Not addressed: Question regarding judicial review limitations was not addressed

How: Changing Subject, Personal Attack

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Q3 Chris Stephens SNP
Justice & Courts Standards & Ethics
Context

Concerns over the bill's impact on legal access are raised, referencing Lord Reed's 2017 Supreme Court decision and Magna Carta principles.

Question

How will the courts uphold the rule of law if legal avenues for judicial review are shut off by legislation in the Illegal Migration Bill?

Answer from Alex Chalk

In appropriate cases where there is an imminent risk of serious harm, the Bill provides opportunities to make legal points. The answerer mentions Magna Carta and criticizes SNP for wanting to eliminate jury trials.

Not addressed: Question about judicial review mechanisms was not directly addressed

How: Changing Subject, Personal Attack

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Q4 Stuart McDonald SNP
Immigration Justice & Courts
Context

Questions arise over the reputation and stance of the new Justice Secretary, who co-wrote a defense of the controversial Illegal Migration Bill.

Question

Why is the Justice Secretary defending the Home Secretary instead of upholding the rule of law, given the bill's perceived trashing of international rights conventions?

Answer from Alex Chalk

The answerer asserts that upholding the rule of law includes holding illegal migrants accountable. Arriving illegally is against the law, and consequences must follow to maintain respect for the rule of law.

Partly answered

Not addressed: Specific reasons why Justice Secretary supports Home Secretary were not provided

How: Changing Subject

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